SHIVAM MOTORS P LTD Vs. VIRENDRA SINGH KATIYAR

JUDGEMENT

(1.) SINCE, both these appeals arise from the same order dated 2. 9. 2005 in complaint No. 25/2003 by District Consumer Disputes Redressal Forum, Raigarh (hereinafter called 'district Forum' for short ). They are being disposed of by this common order.

(2.) INDISPUTABLY, the opposite party No. 1 M/s. Shivam Motors (P.) Ltd. (appellant in appeal No. 435 of 2005) was a dealer of Tata Spacio Passenger Vehicle. However, the dealership of M/s. Shivam Motors (P.) Ltd. having been terminated from December, 2002, the opposite party No. 2 M/s. National Garage (appellant in appeal No. 436 of 2005) as its successor. The opposite party No. 3 Telco Customers Support is the manufacturer of the vehicle while opposite party No. 4 Hemant Puranik is the Manager of O. P.-3 (M/s. Telco Customers Support and Hemant Puranaik is the Manager of O. P. 3 (M/s. Telco Customers Support and Hemant Puranik are appellant Nos. 2 and 3 in appeal No. 436/05 ).

(3.) IT is not in dispute that the complainant Virendra Singh Katiyar purchased a Tata Spacio Passenger vehicle bearing Registration No. CG-13-0151 on 4. 12. 2000, for a consideration of Rs. 3,97,297 paid by him to respondent No. 1 M/s. Shivam Motors (P.) Ltd. Warranty given for engine was for a period of 3 years from the date of sale of the vehicle or maximum run of vehicle upto 3 lac kms. , whichever occurred earlier. Rest parts of the vehicle were warranted for 18 months from the date of sale of the vehicle, irrespective of the distance covered. Copy of the warranty has been filed in this appeal.